[Federal Register: January 12, 2004 (Volume 69, Number 7)]
[Notices]
[Page 1756-1757]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja04-108]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Change in Administrative Jurisdiction of Midway Atoll National
Wildlife Refuge
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice clarifies that jurisdiction and control of
submerged lands and marine waters at and surrounding Midway Atoll,
located in the Pacific Ocean, are the responsibility of the U.S. Fish
and Wildlife Service based on an agreement with the Department of the
Interior Office of Insular Affairs.
FOR FURTHER INFORMATION CONTACT: A. Eric Alvarez, Chief, Division of
Realty, U.S. Fish and Wildlife Service, Telephone (703) 358-1713.
SUPPLEMENTARY INFORMATION: This gives public notice of the transfer of
jurisdiction and control of marine waters at and surrounding Midway
Atoll from the Department of the Interior Office of Insular Affairs to
the U.S. Fish and Wildlife Service. A Memorandum of Understanding (MOU)
between the Director of the U.S. Fish and Wildlife Service and the
Deputy Assistant Secretary of Insular Affairs (both within the
Department of the Interior) transferred the management of submerged
lands and waters associated with Midway Atoll to the Fish and Wildlife
Service on March 26, 2003. Upon execution of the MOU, the U.S. Fish and
Wildlife Service assumed
[[Page 1757]]
jurisdiction and control of the submerged lands and waters within the
12-nautical mile territorial sea in order to manage the natural
resources (i.e., fish, wildlife, plants, and other associated
resources) associated with this area as part of the Midway Atoll
National Wildlife Refuge.
The Service will continue to administer and manage this area under
the National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd-668ee, as amended); the general regulations governing the
National Wildlife Refuge System published in Title 50, Subchapter C,
Code of Federal Regulations; and in accordance with all applicable
laws, policies, and rules.
The refuge consists of all of the islands and submerged lands of
Midway Atoll together with the surrounding territorial sea, which
currently extends outward to 12 nautical miles. Executive Order 13022
transferred the authority over the Midway Islands from the Department
of the Navy to the Department of the Interior on October 31, 1996. The
MOU clarifies that the authority over submerged lands and waters of
Midway Atoll has been delegated to the Director of the U.S. Fish and
Wildlife Service by the Secretary of the Interior through the Office of
Insular Affairs. We took this action in furtherance of United States
sovereignty over Midway Atoll and to protect the unique ecosystem of
Midway Atoll, including the adjacent coral reefs and marine waters.
The Service, which has been managing the refuge pursuant to the
Executive order, will continue to manage it under all applicable laws,
policies, and regulations that govern the National Wildlife Refuge
System. In carrying out those responsibilities, and consistent with
those authorities, we shall ensure that the service will manage the
unique ecosystem of the refuge to preserve its character in support of
the protection and conservation of the fish and wildlife in the refuge.
Dated: December 8, 2003.
Matt Hogan,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 04-536 Filed 1-9-04; 8:45 am]
BILLING CODE 4310-55-P